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Creditor Objects To SCO's Plans

Posted by kdawson on Thu Feb 28, 2008 08:12 PM
from the dance-in-the-old-dame-yet dept.
I Don't Believe in Imaginary Property writes "It seems that SCO is never without a trick up its sleeve. In the new '$100 million' reorganization plan, $5 million of which is cash and $95 million credit, one of the creditors is protesting because SCO is hiding the Definitive Documents until there's no time to object. In their own words, 'The debtors are proposing to file the Disclosure Statement 33 days before the hearing, in compliance with the requirement that it be filed at least 25 days before the hearing (F. R. Bankr. P. 3017). However, it is clear that this Disclosure Statement will be inadequate for evaluating the Plan, because it will not include any of the Definitive Documents. The Debtors are proposing to file the Definitive Documents separately, and to do so a mere five business days before the hearing, which is zero days before objections are due.'"
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  • When ... (Score:4, Insightful)

    by McGiraf (196030) on Thursday February 28 2008, @08:15PM (#22595634) Homepage
    ... will SCO disapear? It's enough already.
    • by swschrad (312009) on Thursday February 28 2008, @08:40PM (#22595840) Homepage Journal
      that's when it will end.
      • by Nikker (749551) on Thursday February 28 2008, @09:35PM (#22596284)
        The company just exists to piss us off and spread FUD. If they didn't want the stigma of the company they would have started fresh just putting the money to another company hiring the same legal team and taking it from a slightly different point of attack. They're one step away from being a new company anyway, Darl is being let go [linux-watch.com]there's just going to be another one. If it wasn't for them getting so much time in people's web browsers no one would even know they existed. So in short there are people with enough money involved to make the SCO company keep to its purpose, they aren't going to win anything since the OSS community is too fluid to necessarily point out a single block of code to bring down the whole "framework".

        If anything now would be the time to advocate the Linux idea / OS more than ever. Computer kids out there get called all the time to fix friends and families computers, you should offer a special $20 install that would involve you installing a distro on their computer. The price is variable of course but distro's could work with the installers to make the going rate tempting enough for anyone to attempt to offer it at the price. People would look at it as quick cash, distributions would see that the easier it is for someone to install and educate the end user the more people will install their distribution for a price. Eventually as people grow more aware of the OS they will search out to install it themselves, at this point the OS will be so easy to install and run it will catch like wild fire.

        Now the ones who were installing the OS move up to support / customization. What ever the price charged to do an install will be used as a type of yard stick of value. Eventually with computer power increasing and OS developers cooperation the time to install a running OS will take less time but as long as the price remains set and the operation is exact and efficient you will be making that $20-$40 in under 10 minutes. From there you can use that as a reference to charge for time in support and customization. As long as the initial price does not waver much people will build trust in the concept and the best will be in demand. This is the most diverse and distributed industry that will ever be.
        • Re: (Score:3, Interesting)

          The games they've been playing, even out in clear view od the SEC and bankruptcy courts, with other people's money (millions of which went to corp execs) are probably nothing compared to what they're going to do if they take the company private. No need to report to anyone. Just declare bankruptcy when Novell wins, and pay bonuses to the execs for FUD well done, and exit with no cash to pay the creditors.

        • Re: (Score:3, Informative)

          Linux will not gain wide acceptance outside of business until high street stores have shelves full of commercial games from the major development houses and publishers.

          So no, you likely won't get many takers for the Linux install for $20, because most people who are interested would probably do it themselves.
              • Re: (Score:3, Informative)

                Since Lexmark has also long snubbed its printers in the quality department, I, as a linux user, have absolutely no problem with that.
    • Re:When ... (Score:4, Funny)

      by dpilot (134227) on Thursday February 28 2008, @09:14PM (#22596094) Homepage Journal
      When Duke Nukem Forever goes on sale, of course.
      • SCO claims that its IP rights from UnixWare cover the latest kernel version of Linux, v.2.4, which includes code important in symmetric multiprocessing (SMP) scaling. SCO said it will offer UnixWare licenses to enterprises that use Linux 2.4 and later and will not sue Linux customers for past copyright violations if they buy a UnixWare license.

        Right...so how is that working out for them?

        And good luck suing Linux users...you may want to ask the RIAA how the whole litigation thing is going, and in this case there isn't even a flimsy legal rock to stand on.

      • Fraud (Score:5, Insightful)

        by JSBiff (87824) on Thursday February 28 2008, @08:58PM (#22595978) Journal
        I know, I know, don't feed the trolls. . . but he's so cuuuuuutte.

        Judge Kimball already found that there was never any transfer of copyright. SCO's copyright registration was fraudulent (well, I suppose you could make the argument that it isn't fraud if they really *believed* they owned the copyright, but nevertheless, it's still invalid). It's already been decided that SCO does not own Unix copyrights or trademarks (the trademark issue was not decided in court, I do not believe, but by the US Patent and Trademark Office, I believe, which said that Unix was already a trademark owned by the Open Group [which anyone could have told SCO, but they wouldn't listen, of course]).

        Basically, SCO owns no part of Unix.

        There's also the *small* problem that they've never actually demonstrated any infringement by Linux, even if they *did* own Unix. Which they don't.

        This whole Bankruptcy charade, as far as I can tell, has mostly been about delaying the inevitable, so that SCO's execs and board of director could continue to get salaries and outrageous bonuses for as long as possible, bleeding the company dry and leaving a worthless, dessicated carcass for Novell, IBM, Red Hat, and Autozone to fight over.
        • Re: (Score:3, Insightful)

          Don't bonuses have to be approved by a board or something? Who would continue to approve bonuses for the captain of a ship clearly about to go under?
      • Re:Never (Score:4, Funny)

        by Profane MuthaFucka (574406) <busheatskok@gmail.com> on Thursday February 28 2008, @09:28PM (#22596218) Homepage Journal
        The fee was not $500. The fee was $699, you cock smoking tea bagger.
      • Re:Never (Score:5, Funny)

        by hairyfeet (841228) <bassbeast1968@@@gmail...com> on Thursday February 28 2008, @10:56PM (#22596838)
        I'm sorry to have to feed the troll,but if there is one thing worse than a troll,it's a bad troll.They are worse than bad mimes,IMHO.If you are going to do the SCO troll,then at least post it correctly


        PAY YOUR $699 LICENSE FEE, YOU COCK-SMOKING TEABAGGERS! Is I believe the correct syntax for the troll you are attempting.Please,in the future,learn how to troll correctly or go to digg.We here on slashdot have high standards when it comes to our trolls,and many of our trolls go on to exciting careers in such fields as Microsoft zealotry and Comcast management.So in the future please uphold the high standards set before you by distinguished alumni like the GNAA and the guy that makes ASCII goatsx drawings.Thank you for your time.

      • ...to pay your $699 licensing fee you cock smoking teabagger

        Fixed
      • Re: (Score:3, Insightful)

        While it was Sun and MS that originally started this crap, Sun pulled out once caught (and sold their ill gotten stock), and it has been a total MS deal every since. Vista has not taken off. Had it done so, then SCO would have chap 7 long ago.

        It was and continues to be a total SCO deal. The money they extorted from Sun and Microsoft is pretty much in line with other IPR ransom demands. IBM has so far spent at least $100 million litigating this one, Novell at least $10 million. IBM could have settled for l

  • Surprise anyone? (Score:5, Insightful)

    by KingKaneOfNod (583208) on Thursday February 28 2008, @08:16PM (#22595644)
    Hiding important information has always been one of SCO's favourite strategies, right? (e.g. "Linux infringes on our IP, but we can't tell you where, how, or why.").
    • by Anonymous Coward on Thursday February 28 2008, @08:34PM (#22595796)
      SCO was able to spew its fud at will in America, no proof required. In Germany they got slapped down. The German courts said in effect: "If you can't prove what you're saying is true, you have to shut up."

      It is pathetic that SCO has been able to drag this farce out for so long.
    • Uhhh... that wasn't a strategy, that was a stalling tactic.

      From wikipedia: A strategy is a long term plan of action designed to achieve a particular goal, most often "winning".

      Unless their goal was something other than "winning".
      • Re: (Score:3, Insightful)

        As I understood it, their strategy was to claim vague infringement then try to uncover actual infringement in the discovery process when IBM was forced to turn over all their source code. Normally "fishing" like this is frowned upon, but they seemed to have gotten away with it. When they STILL couldn't come up with any infringement, I think, is when the judge started really limiting their shenanigans, though.

  • Tagged: (Score:5, Funny)

    by calebt3 (1098475) on Thursday February 28 2008, @08:23PM (#22595682)
    needawoodenstakethroughtheheart
    undead
    whywontyoujustdie
    • Re:Tagged: (Score:5, Funny)

      by Daimanta (1140543) on Thursday February 28 2008, @08:31PM (#22595754) Journal
      True, true.

      Has anobody tried any holy water?
      • It might be worth trying sprinkling salt on them...
        • It might be worth trying sprinkling salt on them...

          THE POWER OF STALLMAN COMPELS YOU!!!111one.

          Or something of that nature
      • Re:Tagged: (Score:5, Insightful)

        by Fantastic Lad (198284) on Thursday February 28 2008, @10:27PM (#22596702)
        Knowledge is power. Knowledge shared is power lost.???

        Speaking of tags. . .

        Holding knowledge of another's dark secrets is one of the foremost ways the game of politics is played.

        I remember knowing the daughter of a political figure who had taught her well; he took her out drinking often when she was only a young teen so that she could build up a high tolerance to alcohol. He taught her how to dig up secrets in her opponents, and he taught her how to corrupt her fellows so that they would have secrets to fear losing control of. He was grooming he for political life; in short, he taught her the ways of Fear.

        Early on when I met her, I told her that my way of living was to remain open about everything; there was no secret I would be too frightened to share, and in this way, there was no way I could be bound or controlled. I saw fear in her eyes when she looked at me then, and I didn't understand why until I got to know her better.

        I have seen more harm arise from secrets kept than I ever would have imagined possible. And I have seen the most ludicrous acts which would normally be sorely condemned by society, not only easily forgiven but benefited from by entire communities simply because the participants were never afraid to share their thoughts and actions openly.

        In this way, knowledge shared is power gained, and that is the only kind of power one really needs, because Good Guys don't play chess.

        Just some thoughts.


        -FL

        • Wow, you knew Hillary Clinton when she was a kid?

          So, you an Obama supporter now?
        • Re: (Score:3, Insightful)

          Interesting thoughts. You touch on a theme that I have been thinking about lately: zero sum games versus more creative solutions.

          So often we get stuck in zero sum games. You give up knowledge: I win; you lose. You get what you want: you win, I lose.

          But it doesn't have to be that way. Shared knowledge can mean gains for both parties. Enabling your collaborators (competitors?) allows you to concentrate on your strengths.

          Indeed, life does not have to be a chess match. But creativity and innovation are of

        • I tried a silver bullet three months ago, but it disintegrated in the aura of evil surrounding the Exec.

          You must be new here. Everybody knows there's no such thing as Silver Bullets in IT.

        • "I tried a silver bullet three months ago, but it disintegrated in the aura of evil surrounding the Exec."

          No no no, silver bullets are for werewolves. To vanquish evil assholes, you need to hit'em with a silver suppository!
    • Flamethrowers. Fire should be enough to make Darl /stay/ down.
  • Yes, well... (Score:5, Informative)

    by djupedal (584558) on Thursday February 28 2008, @08:24PM (#22595694)
    The press release stated that Stephen Norris Capital Partners was doing the deal, that it was a limited partnership, without specifying in which state, and it listed Norris as "managing partner" of SNCP:

            "We saw a tremendous investment opportunity in SCO and its vast range of products and services, including many new innovations ready or soon to be ready to be released into the marketplace," said Stephen Norris, managing partner for SCNP....

            About Stephen Norris Partners

            Stephen Norris & Co. Capital Partners, L.P. is a private equity investment partnership formed to (i) "co-invest" alongside well established and successful private equity and leveraged buyout firms, (ii) take advantage of the business experience and relationships of its Investment Committee, including Steve Norris' long-standing relationships and substantial private equity experience.

    While the press release says that SNCP is a partnership, the MOU says it's a deal between SCO and STEVE NORRIS CAPITAL PARTNERS, LLC and it defines SNCP as "Stephen Norris Capital Partners, LLC" and it further says it's a Delaware limited liability company ("Investment Team: Stephen Norris Capital Partners, LLC, a Delaware limited liability company ("SNCP").").
    • Re:Yes, well... (Score:5, Insightful)

      by n6kuy (172098) on Thursday February 28 2008, @09:03PM (#22596014) Homepage
      "We saw a tremendous investment opportunity in SCO and its vast range of products and services, including many new innovations ready or soon to be ready to be released into the marketplace,"

      I guess "products and services" means troll patents and lawsuits.
      I wonder what "new innovations" of these they are about to unleash?
  • SCO... (Score:5, Funny)

    by Archeopteryx (4648) <.benburch. .at. .pobox.com.> on Thursday February 28 2008, @08:30PM (#22595746) Homepage
    ...you will never find a more wretched hive of scum and villainy.
  • by canuck57 (662392) on Thursday February 28 2008, @08:33PM (#22595786)

    Hey, with these guys, get your money now. The lawyers fees will eat it otherwise.

    Totally amazes me how this takes so long to say what everyone believes, SCO - go-away. You have no claim nor future.

  • by Anonymous Coward on Thursday February 28 2008, @08:40PM (#22595844)
    Here is the real story:

    Legitimate businesses are dying for venture capital. And here it is, being wasted.
    • by HangingChad (677530) on Friday February 29 2008, @01:01AM (#22597466) Homepage

      Legitimate businesses are dying for venture capital. And here it is, being wasted.

      And anyone with two neurons left to rub together to make a spark would know that. You'd think anyone investing 100 million dollars would be a little more careful about where their money's going, wouldn't you? But they're not really investing a 100 million, they're investing 5 million.

      So someone is willing to put up five mil to SCO in exchange for nothing. That same someone thinks that five million is not being wasted. Since they're getting nothing from SCO, what are they getting? Not that this bizarro world plan has any chance getting past the trustee, but where do they keep finding collaborators to go along with this fraud?

      Another line of questioning might ask who could get someone do go along with flushing 100 million, or even five million down the toilet? That's a shorter list. Because if SCO goes begging for dollars, they'd get laughed out of the room. So it's not SCO. That would leave Microsoft. They have lots of money. People with money usually have friends with money. But what's Microsoft getting at this point? Nothing. This case exhausted its value to them years ago. Vista is a giant, steaming turd and everyone knows it. Linux and Apple are feasting on their entrails and the EU is hitting them with billions in fines.

      So, what's the five million for?

  • Haha (Score:2, Funny)

    by Anonymous Coward
    Fair payback to the creditors helping to keep that turkey afloat. What, you thought they only were out to screw other people?
  • by rice_burners_suck (243660) on Thursday February 28 2008, @09:00PM (#22595982)
    I think all this court-related mumbo-jumbo should be dropped in favor of a more efficient way to settle things. Darl and Linus should meet in a forest, with witnesses from both sides. They should stand back-to-back, walk ten paces, turn around, and shoot. Darl should be given a water gun. Linus should be given a BFG-9000.
  • Not a creditor (Score:5, Informative)

    by elronxenu (117773) on Thursday February 28 2008, @09:02PM (#22596000) Homepage
    Actually it's Al Petrofsky's filing, and he's a shareholder (and not to my knowledge a creditor).

  • by Fantastic Lad (198284) on Thursday February 28 2008, @10:42PM (#22596794)
    The Lady and the Snake. . .

    The Lady falls in love with a Snake, and she invites him into her home.
    The Snake bites her, and hurt and horrified, she cries, "I will surely die! Why? Why did you bite me?"
    "But my dear," the Snake replied, "I am a Snake, and you should have known better."

    Moral of the story? Same as every other. . . "Ignorance Endangers."


    -FL

  • Am I alone in noticing the irony that someone using the name "I don't believe in imaginary products" is contributing news on a company that really hasn't offered any sort of product in quite some time, yet still sold something?
  • by bytesex (112972) on Friday February 29 2008, @04:05AM (#22598100) Homepage
    In Other News, Capitalizers all around the World rejoice when the Definitive Documents will not be Heard of, or Seen, before the Disclose Statement has been passed before the Council of the Upper Case. Shift key Users all around the Planet will express their Utmost Pleasure at the Revealing of the Plan. Dr Evil, in the mean time, who is an Ardent Caps Lock Aficionado, will make all Debtors Disappear. It's That Easy.
    • Re:News? (Score:5, Interesting)

      by Iphtashu Fitz (263795) on Thursday February 28 2008, @08:53PM (#22595940)
      It's still news because the LP offering to buy them is doing so in order to continue the linux litigation that got SCO into this current situation. No surprise, there's a lot of speculation that Microsoft is somehow behind the sudden desire of this LP to acquire SCO and continue the litigation since it helps to continue a FUD campaign that Microsoft would love to see continue.
      • Re:News? (Score:5, Insightful)

        by PinkyGigglebrain (730753) on Friday February 29 2008, @02:49AM (#22597872)
        Another poster pointed out awhile back that another reason for this buy out of SCO is to keep its internal records from becoming public.

        The whole thing is just a ploy to shield all those internal emails and documents that would reveal just who was really behind it all, we all know that M$ is in on it but who else could there be? What other companies or business interests have benefited from the FUD that SCO has generated?

        By buying SCO and taking it back to a privatively held company it could be quietly dismantled and the evidence of collusion and conspiracy buried permanently.